Corren v. Donovan, No. 17-1343 (2d Cir. 2018)Annotate this Case
Vermont's campaign finance law, Vt. Stat. Ann. tit. 17, 2901 et seq., which imposes additional restrictions on candidates who choose to receive public campaign finance grants, did not violate the First Amendment. Former and prospective candidates for public office in Vermont and a political party filed suit challenging provisions that prohibit publicly financed candidates from accepting contributions or making expenditures beyond the amount of the grants and announcing their candidacies or raising or expending substantial funds before a certain date.
The Second Circuit affirmed the district court's dismissal of the candidates' claims for failure to state a claim and held that, because candidates may freely choose either to accept public campaign funds and the limitations thereon or to engage in unlimited private fundraising, those limitations did not violate First Amendment rights. The court also found that the candidates were not entitled to a fee award because they could not be considered prevailing parties.